September 16, 2020

Article 78.

Prohibition is an extraordinary remedy that is available only where there is a clear legal right, and then only when a court - in cases where judicial authority is challenged - acts or threatens to act either without jurisdiction or in excess of its authorized powers. The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief.

Abdul-Malik v. Livote, NY Slip Op 04834 (2d Dep't September 2, 2020)

Here is the decision.